Summary: We cannot investigate this complaint about the Council’s handling of a penalty charge notice as Mr X says he has been to court about the matter.

The complaint

1. The complainant, Mr X, complains about the Council’s escalation of a penalty charge notice (PCN) issued by the Council. He says he didn’t receive the original notice and only became aware of the PCN upon receiving a final notice. The Council then escalated the case and registered the unpaid PCN as a debt with the Traffic Enforcement Centre (TEC) at Northampton County Court and instructed enforcement agents (bailiffs) to recover payment from Mr X. Mr X wants the Council to cancel the PCN and refund his payment for it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Government operates a procedure which allows motorists in Mr X’s position to contest the enforcement of PCNs. Mr X indicates he has used this procedure and has asked the Traffic Enforcement Centre (TEC) which is part of the county court system, to consider his case. As per paragraph three, we cannot therefore investigate.

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Final decision

7. We cannot investigate Mr X’s complaint as the matter has already been to court proceedings and therefore falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman